(DOWNLOAD) "State v. Fire" by Supreme Court of Wyoming " Book PDF Kindle ePub Free
eBook details
- Title: State v. Fire
- Author : Supreme Court of Wyoming
- Release Date : January 01, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Mink Fire appeals his convictions of three counts of first degree child molestation, contending that the trial court erred by refusing to dismiss for cause a potential juror who admitted actual bias, but then responded to the prosecutors leading questions about being fair and following instructions with one-word affirmative answers. Although appellate courts defer to a trial judges determinations of a potential jurors credibility, character, mental habits, and demeanor, there is no indication in the record that the trial judge made any such determinations in this case. The trial judge failed to recognize that the prospective jurors initial responses indicated actual bias, focusing instead on his one-word affirmations that he would follow the courts instructions. Fire utilized one of his peremptory challenges to excuse the potential juror and exhausted his remaining peremptories. We conclude that the trial court abused its discretion in failing to excuse the potential juror for cause, and reverse and remand for a new trial.
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